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The author assert the moral right to be identified as the author of this work. All rights reserved. No part of this document or the related files may be reproduced or transmitted in any form, by any means (electronic, photocopying, recording, or otherwise) without the prior written permission of the publisher and the author. This book is sold subject to the condition that it shall not, by the way of trade or otherwise, be lent, re-sold, hired out, or otherwise circulated without the publisher and the authors consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchase. Cover Design: First Impression: Published by Printed at Contents Transform India 11 1. Costs Of Bad Governance Independent Regulators 13 2. Costs Of Bad Governance Independent Regulators 16 3. Insiders View: How To Build Better Regulatory Capacity 19 4. Do We Have Free Markets Or Free For All Markets? 22 5. Slowing Indian Economy 26 6. Business Community Should Join Debate On Terrorism 30 7. FDI Policy 33 8. Do The New Rules Bypass Existing FDI Sectoral Caps? 36 9. Economic Agenda 2009 39 10. The Making Of The Indian Economic Crisis – An Eyewitness Account 45 11. Public Private Partneships 51 12. Bhopal Gas Tragedy 54 13. Malgovernance Perfect Storm In The Season Of Scams! 57 14. The Growing Distance Between Delhi And The Idea Of India 60 15. Ideas For Budget 2012 63 16. Reality Check: Aadhaar Is A House Of Cards And Rests Primarily On Hype 67 17. Technology Will Help PM Modi Achieve Many Of His Objectives And Help BJP Govern 73 18. Modi’s Fast Track To Global Leadership 77 19. It’s Time To Protect Taxpayers By Reforming The PSU Banks 80 20. Sabka Insurance, 83 21. Sabka Vikas 83 22. MUDRA Bank : A Vehicle For 10% GDP Growth 87 23. A Year Of Change, Hopes And Dreams 91 24. Solving Non Performing Loans Crisis Is Key To Restarting The Investment Cycle 93 25. 70 Years After Independence: We Have Failed, Our Poor Govt Must Initiate Systemic Policy Solutions To Address Poverty 98 26. The Cost Of Parliament Logjam Is Far Greater Than We Have Imagined 102 27. Don’t Politicise Educational Institutions – They Are Centres To Develop Our Next Generation Of Citizens And Leaders, And Not Centres Of Virulent Politics 106 28. NPAs – A Rs.4 Lakh Crore Hole Which Leaves Each Taxpayer Poorer By Rs.1 Lakh 110 29. Aadhaar Bill – Let There Be A Proper Debate 114 Digital India 119 1. 12 Years Of The Internet In India 121 2. TRAI Beware! 124 3. 16 Years Of Telecom Sector Reforms The Good, The Bad And The Ugly 129 4. SC Judgement Shows India Ready To Battle Crony Capitalism 134 5. Replace The IT Rules 139 6. India’s Proposal In The UN For Government Control Over The Internet Threatens Our Constitutional Rights 143 7. 2G Spectrum Auctions A Huge Challenge 149 8. Not Behind Closed Doors 153 9. It’s Free, And That’s How It Should Be 157 10. India’s Proposal In The UN For Government Control Of Internet Endangers Free Speech And Privacy 160 11. Altering The Landscape Of The Telecoms Sector 165 12. Will High Reserve Price Kill The Telecom Sector? 169 13. Don’t Kill Freedom of Speech 172 14. Digital India’s Transforming Role 176 15. Net Neutrality: Why Cast The Net? 182 16. A Free, Open, Safe And Growing Internet Is Path To Digital India 186 17. Reforms Are Needed Before Vision Of Digital India Can Be Realised 191 18. Government Needs a Chief Technology Officer 195 19. Report On Net Neutrality Reveals Why DoT Isn’t Equipped To 199 20. Deal With Digital India 199 21. Digital India: Opportunities and Pitfalls 203 22. Net Neutrality Crucial For Digital India’s Success 208 23. Lack Of Capacity In Departments Letting Down Govt’s Vision On Digital India 212 24. Rampant Calls Drops and Ineffective Regulator 215 25. Stalled In Mid Stride 220 26. Call Drops: Consumers Face More Losses Than Telcos Ever Will 224 27. A Digital Magna Carta 227 28. Its Not About Facebook, Stupid 232 29. Good Start For ‘Start-Up India’ 237 30. Policy Support Necessary To Make It A True Revolution 237 31. Telcos’ Statements Will Earn Them More Consumer Distrust 242 32. Net Neutrality: Next steps 247 33. Time For More Work On Privacy 251 34. Let’s Get A Discussion Started On Privacy 256 35. Call Drops & Net Neutrality: TRAI Needs Reforms 261 Protect Our Children 267 1. Rape Of Minor In Bangalore: Zero Tolerance For Paedophiles 269 2. POCSO Act Needs More Teeth 271 3. To Ensure Zero Tolerance Against Rising Instances Of Horrific Crimes Against Children 271 4. India vs Child Porn Is Still A Weak Battle 276 5. Child Sexual Abuse - How The Government Demonstrates Disinterest! 280 6. Break This Deafening Silence, End Child Abuse: Govt Must Not Wait For The Next Incident To Commit To A Roadmap To End Child Sexual Abuse 284 7. World Day For The Prevention Of Child Abuse: Maximum Governance Required To End The Silence Around Child Sexual Abuse 289 8. Victim And Child Rights Must Be Protected Government Must Not Stop With Passing Of This Bill And Must Take Actions To Keep Women And Children Safer 293 Serving Our Nation 299 1. India’s War Memorial: Seal The Deal 301 2. Don’t Let Kargil Memories Fade 305 3. India Commemorates Vijay Diwas: Don’t Let Down Our Heroes 308 4. The Kargils That Go Unnoticed 312 5. Enfranchise Our Jawans 316 6. Budget 2014: Geared Towards Election Year Sops; But Welcome The Approval Of One Rank, One Pension (OROP) 320 7. ‘Armymen Should Be Able To Vote Like Civilians. Why Make It So Complicated?’ 322 8. Unfinished Agenda For Our Armed Forces 327 9. We Have To Do More For Our Armed Forces 330 10. 16 Years On, Those Who Fell Are Being Remembered Finally! 334 11. On The Anniversary Of Operation Vijay We Must Pay Tribute To Our Martyrs 336 12. Modi Delivers The OROP Gift 341 13. Premature Retirement Should Not Have Been A Caveat For OROP: Interview 344 14. Soldiers Must Not Be Made To Fade Out 347 15. Time To Do More For Our Soldiers 350 16. Indian Political Leadership Must Take An Interest In Its Military History: Interview 354 17. On Kargil Vijay Diwas, India Must Resolve To Give Her Soldiers Their Due 357 18. A Vote For Change: Armed Forces Exercising Their Franchise Have A Long Way To Go 361 19. Parliament Must Declare Pakistan A Terror-State 366 20. India Must Declare Pakistan A ‘Terror State’ Instead Of Having Outbursts At The UN 369 21. An Open Letter To Gurmehar Kaur 374 Big Bengaluru Fight 379 1. Bifurcation Is Not A Panacea 381 2. From Crisis To Crisis: How Govts And Leaders Have Failed 383 3. Bengaluru Should Not Be Denied Its Constitutional Rights To Elections 386 4. Politics Cannot Trump Democracy And Constitution: Free, Fair And Timely Elections Is A Part Of The Basic Structure Of The Constitution And The Fulcrum Of Democracy 390 5. When Most Of Us Don’t Vote, How Can We Have Good Corporators Or Governance? 393 6. Govt Trying to Scuttle Election Process 397 7. Government Apathy Spells The Death Of Bellandur Lake 399 8. Neither Smart Nor Clean: Bengaluru Becoming An Unlivable City 403 9. A Win For Bengaluru’s Fight Against Negligence And Corruption 406 10. Don’t Undermine Constitutional Role Of MPC: Nominate Vision Group Members On MPC 409 11. Steel Flyover Project As Purely Contractor And Politically Driven 413 12. Don’t Reward Law Breakers: Akrama Sakrama Needed to Aid Poor, Not Greedy Builders 415 13. New Year’s Eve Horror in Bengaluru 418 14. Supreme Court Says NO To An Akrama Sakrama That Rewards Law Breakers And Greedy Builders 421 15. Brazen Corruption In Steel Flyover Project: No Political Leader Will Be Allowed To Wear Raincoat Of Innocence 424 16. Smoke On The Water Fire In The Sky 428 Transform India 1 Costs Of Bad Governance Independent Regulators Businessweek 5th March 2008 Our democracy and constitution has decided on a system of governance which consists of three pillars – the Legislature (The elected representatives), the Executive (Government) and the Judiciary. These three pillars are supposed to provide a system of checks and balances in our democracy – which each one of these pillars supposed to provide oversight to the other. In theory – the system is to work quite simply – For a certain issue the executive proposes legislation and law, Parliament/Legislature oversees/ modifies the law and enacts it, the executive enforces it and the judiciary adjudicates disputes arising out such enforcement. We are all aware of many instances of bad governance – by Political and Bureaucratic executive. But more worrying aspect of poor governance is coming from a quarter that was least likely or expected to have – This is that of Independent Regulator. 13 14 RAJEEV CHANDRASEKHAR The creation of Independent regulators was a natural consequence the process of liberalization and over the last decade or so the role of the regulator has become one that’s important. The regulators that are well known are the more obvious ones – The RBI, SEBI etc, the more recent sector specific regulators are those like IRDA – The insurance regulator, TRAI – The Telecom regulator, TAMP – The Port Regulator, Company Law Regulator etc. The objective of the institution of the regulator becomes clear if you understand the genesis of the concept itself.